Opinion
No. 570534/11.
2013-01-16
ALH PROPERTIES ELEVEN LLC, Petitioner–Landlord–Appellant, v. Maria VEJARANO, Respondent–Tenant, Victor Vejarano, Respondent–Undertenant–Respondent, and “John Doe” and/or “Jane Doe,” Respondents–Undertenants.
Petitioner-landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Michelle D. Schreiber, J.), dated March 4, 2011, which limited its document production request and denied its application for prepetition rent arrears in a holdover summary proceeding.
Present: SCHOENFELD, J.P., SHULMAN, HUNTER, JR., JJ.
PER CURIAM.
Order (Michelle D. Schreiber, J.), dated March 4, 2011, modified to extend discovery to the period commencing February 1, 2001, and limit the production of item 3 to redacted prison intake records; as modified, order affirmed, without costs.
There is no dispute that petitioner-landlord is entitled to discovery in connection with the occupancy issues raised by respondent Victor Vejarano's succession claim. With respect to the relevant period of inquiry, we believe discovery should extend back to February 1, 2001, a commencement date which will enable petitioner to effectively ascertain whether respondent primarily resided in the subject rent controlled apartment with the record tenant (respondent's mother) not only for the two-year period prior to the tenant's permanent vacatur in or about July 2004, but also at the beginning of respondent's incarceration in February 2002, the latter of critical importance in assessing the bona fides of respondent's succession defense ( see generally 315 E. 72nd St. Owners, Inc. v. Siegel, 22 Misc.3d 10 [2008] ). We agree with the motion court that item 3 of petitioner's document demand was overbroad, and have limited it accordingly.
An award of prepetition rent arrears in petitioner's favor is not authorized in the context of this holdover summary proceeding, whether by way of interim relief or otherwise ( seeRPAPL § 745[2][a] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.